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f <br />• ~l ~ • II I III III I II IIII III <br />Jl <br />,q~/ ~ MINERALS PROGRAM Agenda Item No. 5 <br />e7 ~ Prospecting, 110 Permits & 110 Unpermitted Sites <br />G ~ Possible Violation/Civil Penalty <br />Presentation Form <br />NOTE: All Division exhibits should be marked prior to the hearing. A list of Division <br />exhibits with identifying marks should be prepared for the record and given to <br />the Board's secretary at the hearing. Division exhibits should then be made a <br />part of the permit file. <br />General Information <br />File No.: M-91-146 Date: February 26, 1992 <br />Operator: ZMK Mine Construction, Inc. Commodity: Sand and Gravel <br />Location: 5 miles north of Ouray, CO Acreage: Less than 1 Acre <br />Specialist: Larry Oehler <br />Nature and Duration of Violation <br />Mining without a permit. <br />February 3, 1992 (date receipt of complaint letter) to February 26, 1992. <br />Seriousness <br />Serious <br />Fault <br />Willful <br />STAFF RECOMMENDATION <br />D C B A <br />Gross negligence <br />Insignificant <br />Negligent No-fault <br />Violation: Find operator in violation of C.R.S. 34-32-109 for operating <br />without a reclamation permit. <br />Cease and Desist: Issue a Cease and Desist Order until a reclamation permit <br />is obtained. <br />Corrective Action: Order operator to obtain a Limited Impact 110(2) <br />reclamation permit by April 20, 1992 that includes the area of disturbance. <br />Civil Penalty: Order a civil penalty of 53,000.00 based on 24 days of <br />violation at 5125.00 per day. The Division further recommends that one half <br />of the civil penalty be suspended contingent upon completion of the corrective <br />actions specified above. The unsuspended portion of the civil penalty should <br />be paid within 30 days, with the balance of the civil penalty due by April 20, <br />1992, if the corrective actions are not met. <br />LDO/ern 1569E <br />